The Common Council is on the road to censuring one of its members.
On Jan. 21 at Tuesday’s Committee of the Whole, a majority of the council voiced their support in censuring Councilman Ramon Fernandez.
“This is a sad day,” said Deputy Mayor Patricia Riley. “Because we’re here talking about censure of one of our colleagues on the council.”
Fernandez was named by the State Commission on Judicial Conduct as one of the people former Peekskill City Court Judge Reginald Johnson favored by voiding a moving traffic violation in 2018 for a family friend of Fernandez.
In September, the council referred the alleged violations to the City of Peekskill Ethics Board. However, weeks ago the board dismissed the referral, as the incident in question occurred outside its statute of limitations by two months.
At that time, Fernandez said to the Herald that the referral was brought about by people trying to play d”irty politics.” That culminated in Mayor Vivian McKenzie last week calling for Fernandez to take accountability.
Conflict Counsel Steve Leventhal, who served as counsel to the Board of Ethics for the case investigating Fernandez, told the council that, as a legislative body, they have the inherent authority to express themselves on matters of public concern, such as a resolution expressing the council’s disapproval.
“The purpose for such a resolution would be to address what the city council may perceive as a threat to public confidence in city government,” Leventhal said. “And this would be an action aimed at restoring public confidence, which is essential in a democratic society.”
Most council members were in favor of a formal censure, including Deputy Mayor Riley, who said everyone is human, but elected officials need to be held to a higher standard.
Directing her comments towards Fernandez, the Deputy Mayor said, “Our residents put trust into us. [You] make a mistake, you need to say you’re sorry. You need to say, ‘I made a mistake, I’m accountable for what I did,’ but not deflect.”
Riley criticized Fernandez’s statements on the complaint for being “misleading” to the public and ‘half truths.’ A post from Fernandez celebrating his case being dismissed made no mention of it not being able to be investigated due to the statute of limitations.
Councilman Brian Fassett said the statute of limitations does not clear or absolve anyone of an ethical violation, but instead it says you cannot be charged.
“The hubris and the deflection of this matter I find to be disgraceful to this council,” Fassett said. “Your attempt to mislead the public to benefit you is shameful, in my opinion.”
Fassett said the people deserved an apology and described Fernandez’s actions as “indefensible.”
“At this time, I have limited confidence, almost no confidence, in you as a colleague on this council,” Fassett said. “Without stepping up and taking ownership of this matter, I find it very difficult to do business with you.”
Fernandez told the Westchester Hispano that he felt morally obligated to help a person avoid going to court, particularly at a time when immigrants were deported when they went to court for trafficking cases.
Councilwoman Kathleen Talbot said she found the matter very unfortunate, but said she expected going forward that such action of censuring, if appropriate, would be applied in other cases, and not just selectively with Fernandez.
“Because there’s been other things that have been questionable, and certainly may not be an ethics violation, but it certainly has brought some level of shame to the council and in terms of being able to really do business,” she said. “I think you all know what I’m talking about.”
(Councilwoman Kathleen Talbot, who is recovering from a procedure, attended the Committee of the Whole virtually.)
Councilman Robert Scott currently awaits resolution, after being criminally charged with election fraud by the Westchester County District Attorney for forging signatures on his election petitions.
“Like you said, we all know what we’re talking about,” Scott said. “Accusations are completely different than someone making a statement on the record. And the censure, really, I think is a making of [Fernandez] himself. I think that had he not gone out to try to twist and turn the facts we probably wouldn’t be here.”
Councilman Fernandez, who said he is running for mayor, described the censure attempt as “another political move” by McKenzie, saying that she knew that Fernandez had an interview with the nominating committee of the Peekskill Democratic Party and that this week they are nominating a candidate.
Peekskill Democratic City Committee Chair Steve Kollias told the Herald prior to the Committee of the Whole that the nominating committee interviews all candidates interested in running for local office locally, then takes a vote to determine which candidate they’re going to recommend for endorsement.
“Unfortunately, [McKenzie]’s continued to have a double standard with this matter,” Fernandez said. “Unfortunately, I didn’t have any other choice. Today I have taken appropriate action to deal with this injustice and unlawful activity on the part of Mayor McKenzie.”
Pressed by Scott, Fernandez declined to comment on what the double standard was.
As of press time, Fernandez did not respond to a question from the Herald about what “appropriate action” he is taking against McKenzie.
McKenzie asked Leventhal to prepare a resolution. According to Leventhal, the resolution would be reciting the facts and expressing the council’s views of them. It would be discussed and put to a vote at a future Common Council meeting.